BILL NUMBER: SB 1242	CHAPTERED  09/30/00

	CHAPTER   989
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	AMENDED IN ASSEMBLY   AUGUST 11, 2000
	AMENDED IN ASSEMBLY   JUNE 27, 2000
	AMENDED IN ASSEMBLY   JUNE 14, 2000
	AMENDED IN ASSEMBLY   JUNE 6, 2000
	AMENDED IN ASSEMBLY   JULY 7, 1999
	AMENDED IN SENATE   APRIL 13, 1999

INTRODUCED BY   Senator Ortiz
   (Coauthors:  Assembly Members Aroner and Thomson)

                        FEBRUARY 26, 1999

   An act to amend Sections 4451 and 4454 of, and to add Section 4459
to, the Government Code, relating to building standards, and making
an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1242, Ortiz.  Building standards:  tactile signage.
   (1) Existing law requires that buildings, structures, and
facilities, occupied 50% or more, that are leased, rented,
contracted, sublet, or hired for periods exceeding 2 years by any
municipal, county, or state division of government or special
district be made accessible to and usable by persons with
disabilities.
   This bill would require that buildings, structures, and facilities
that are leased, rented, contracted, sublet, or hired by any
municipal, county, or state division of government or any special
district be made accessible to, and usable by, persons with
disabilities, thereby requiring a higher level of service from local
governments and imposing a state-mandated local program.
   (2) Existing law provides that where state funds are utilized for
a public building or facility or local funds are utilized for a
school or community college building or facility, no contract may be
awarded until the Department of General Services has issued written
approval stating that the plans and specifications comply with the
intent of provisions governing access to public buildings by
physically handicapped persons.  Existing law requires that filing
fees for the application for approval be deposited into the Access
for Handicapped Account, which is continuously appropriated for use
by the Department of General Services without regard to fiscal years.

   This bill would rename the account as the Disability Access
Account, would require the Department of General Services to develop
regulations that ensure that braille, tactile, or visual signage for
elevators, rooms, spaces, functions, and directional information is
installed, and would authorize the department to use the account for
the purposes set forth in existing law.  This bill would expand the
purposes for which the account may be used to include amending
building regulations, as specified, to ensure that the scope and
application of accessibility requirements comply with specified state
and federal standards, and would thereby make an appropriation.  The
bill would also provide that expenditures from the account for these
purposes shall terminate on December 31, 2004.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) Under the California State Accessibility Standards, in the
California Building Standards Code, detailed specifications have
existed for tactile signage since 1982.
   (b) These specifications were revised and went into effect April
1, 1994, to comply with the federal Americans with Disabilities Act
(ADA) accessibility guidelines, and some of these specifications are
more stringent than those contained in the ADA guidelines.
Enforcement authorities should ensure that raised lettering and
braille dots are properly spaced and sized to conform with the
requirements of the California Building Standards Code.
   (c) A vast majority of buildings fail to complete installation of
braille tactile signage since they are often regarded as cosmetic
features.  Noncompliance with the California Building Standards Code
results in sporadic and unpredictable use of braille tactile signage
that renders the signage inconsistent and possibly unusable to blind
and visually impaired consumers.
  SEC. 2.  Section 4451 of the Government Code is amended to read:
   4451.  (a) Except as otherwise provided in this section, this
chapter shall be limited in its application to all buildings and
facilities stated in Section 4450 intended for use by the public,
with any reasonable availability to, or usage by, persons with
disabilities, including all facilities used for education and
instruction, including the University of California, the California
State University, and the various community college districts, that
are constructed in whole or in part by the use of state, county, or
municipal funds, or the funds of any political subdivision of the
state.
   (b) When required by federal or state law, buildings, structures,
and facilities, or portions thereof, that are leased, rented,
contracted, sublet, or hired by any municipal, county, or state
division of government, or special district shall be made accessible
to, and usable by, persons with disabilities.
   (c) Except as otherwise provided by law, buildings, structures,
sidewalks, curbs, and related facilities subject to the provisions of
this chapter or Part 5.5 (commencing with Section 19955) of Division
13 of the Health and Safety Code shall conform to the building
standards published in the California Building Standards Code
relating to access for persons with disabilities and the other
regulations adopted pursuant to Section 4450 that are in effect on
the date of an application for a building permit.  With respect to
buildings, structures, sidewalks, curbs, and related facilities not
requiring a building permit, building standards published in the
California Building Standards Code relating to access for persons
with disabilities and other regulations adopted pursuant to Section
4450, and in effect at the time construction is commenced shall be
applicable.
   (d) Until building standards are published in the California
Building Standards Code and other regulations are developed by the
State Architect and adopted by the California Building Standards
Commission pursuant to Section 4450, buildings, structures,
sidewalks, curbs, and related facilities subject to the provisions of
this chapter or Part 5.5 (commencing with Section 19955) of Division
13 of the Health and Safety Code shall meet or exceed the
requirements of Title III of Subpart D of the federal Americans with
Disabilities Act of 1990.
   (e) This chapter shall apply to temporary or emergency
construction as well as permanent buildings.
   (f) Administrative authorities, as designated under Section 4453,
may grant exceptions from the literal requirements of the building
standards published in the California Building Standards Code
relating to access for persons with disabilities, or the other
regulations adopted pursuant to this section, or permit the use of
other methods or materials, but only when it is clearly evident that
equivalent facilitation and protection that meets or exceeds the
requirements under federal law are thereby secured.
   (g) The Department of General Services shall develop, as
appropriate, regulations to ensure that braille, tactile, or visual
signage for elevators, rooms, spaces, functions, and directional
information is installed as required by Section 4450 and shall
develop and implement an effective training program to ensure
compliance with all disability access requirements.
  SEC. 3.  Section 4454 of the Government Code is amended to read:
   4454.  Where state funds are utilized for any building or facility
subject to this chapter, or where funds of counties, municipalities,
or other political subdivisions are utilized for the construction of
elementary school, secondary school, or community college buildings
and facilities subject to this chapter, no contract shall be awarded
until the Department of General Services has issued written approval
stating that the plans and specifications comply with the intent of
this chapter.
   In each case the application for approval shall be accompanied by
the plans and full, complete, and accurate specifications, which
shall comply in every respect with any and all requirements
prescribed by the Department of General Services.
   The application shall be accompanied by a filing fee in amounts as
determined by the Department of General Services.  All fees shall be
deposited into the Access for Handicapped Account, which account is
hereby renamed the Disability Access Account as of July 1, 2001, and
established in the General Fund.  Notwithstanding Section 13340, the
account is continuously appropriated for expenditures for the use of
the Department of General Services, in carrying out the department's
responsibilities under this chapter.  However, the expenditure of
funds from the Disability Access Account for responsibilities
prescribed in Section 4459 shall terminate on December 31, 2004.
   The Department of General Services shall consult with the
Department of Rehabilitation in identifying the requirements
necessary to comply with this chapter.
   The Department of General Services, Division of the State
Architect, shall include the cost of carrying out the
responsibilities identified in this chapter as part of the plan
review costs in determining fees.
  SEC. 4.  Section 4459 is added to the Government Code, to read:
   4459.  (a) The State Architect shall develop amendments for
building regulations and submit them to the California Building
Standards Commission for adoption to ensure that no accessibility
requirements of the California Building Standards Code shall be
enhanced or diminished except as necessary for (1) retaining existing
state regulations that provide greater accessibility and features,
or (2) meeting federal minimum accessibility standards of the federal
Americans with Disabilities Act of 1990 as adopted by the United
States Department of Justice, the Uniform Federal Accessibility
Standards, and the federal Architectural Barriers Act.
   (b) The Department of General Services shall use fees deposited in
the Disability Access Account established in Section 4454 for the
purposes identified in this chapter.  The department shall include
the cost of carrying out the responsibilities identified in this
chapter as part of the plan review costs in determining fees.
   (c) Notwithstanding any other provision of law, the application
and scope of accessibility regulations in the California Building
Standards Code shall not be less than the application and scope of
accessibility requirements of the federal Americans with Disabilities
Act of 1990 as adopted by the United States Department of Justice,
the Uniform Federal Accessibility Standards, and the federal
Architectural Barriers Act.
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
